Parliamentary Group

DRAFT LAW NO. 239 /XI

SECOND AMENDMENT TO THE STATUS OF THE STUDENT OF BASIC TEACHES

AND SECONDARY, APPROVED BY LAW NO. 30/2002, OF 20 OF

DECEMBER AND AMENDED BY LAW NO. 3/2008, OF January 18

Exhibition of reasons

Law No. 3/2008 has come to a set of significant changes in the Statute of the

Student. In essence, these changes were presented as intending to respond

to two problems that the public school faces: the absenteeism of pupils and problems

related to indiscipline and violence in school. Two years past, the result is

sure-the "new" Status of the Student has not allowed to respond to one, nor to the other of the

problems.

In fact, it is clear today that the school needs instruments several to respond to the

problem of absenteeism and indiscipline that the Statute of the Student-by its logic and

paradigm-it does not allow to respond. These instruments go through a strategy of

prevention, based on the work of new professionals, and the work of articulation with

the educational community and with other social institutions that it is necessary to promote,

support and streamline.

However, it is also necessary to correct mechanisms and responses that have been proven

wrong in the scope of acting in which the Statute of the Student falls, as well as

introduce new tools and actors in school living so as to work in a

optics of prevention and follow-up of pupils with serious integration problems

school.

In that sense, we propose in this bill the creation of multidisciplinary teams to

create in the groupings of schools, composed of professionals who can respond

acting in the monitoring of situations of risk of school dropout or situations of

indiscipline and violence in the school space. This is a measure that can no longer be

postponed-it is today consensual that schools need new professionals-psychologists,

social service technicians, socio-cultural mediators-who can work in a way

integrated in the response to the known risks of school leaving.

Second, there is to strengthen the confidence and autonomy of the teachers by placing the

your disposition the instruments that allow you to respond to the situations and your

students. Thus, and with regard to the question of the students ' tales, the changes introduced

in 2008 came to obscure the difference between justified and unjustified falters, and it was

created a process of proof of recovery for students with severe excess of falters

who has proven himself unable to provide for the recovery of missing apprenticeship, wants

of the correction of absenteetic behaviors. In that sense, one of the main

amendments that we propose in this bill is the recovery of that distinction, and the

strengthening confidence in schools and lecturers in the search for solutions in relation to the

situations of severe excess of unjustified phalts. On the other hand, we attach to the

teachers the responsibility to decide, depending on the concrete knowledge of the

student concerned, of his / her maturity and school pathway, which measures to actioned in

outdated situations of the unwarranted failure limit-individual plan of

follow-up that re-put the missing apprentices; follow-up by part

of the multidisciplinary team or retention, in the event of manifest insufficiency of the

apprenticeship.

Third, in disciplinary matters, we propose the accountability of the

educational community, retrieving the instrument of the class disciplinary board,

where they must figure teachers and parents and in charge of education, responsible for

conduct of disciplinary procedures and the application of disciplinary measures.

In that sense, we propose:

1. Creation of multidisciplinary teams, made up of psychologists, technicians of

socio-cultural service and socio-cultural mediators, that can prevent following situations

of severe absenteeism and disciplinary problems of the students;

2. Trust and responsibility of the class teachers in the response to

situations of exceeding the limit of unjustified phalps , by the decision of the decision

of what measures to apply in these situations, depending on their concrete knowledge of the

students in question;

3. Distinction between justified and unjustified falterings: is fundamental that the

school recognises the existence of justified and unjustified falterings, and that these

when outdated the stipulated limits have a pedagogical effect on the

student;

4. Elimination of the distinction between corrective disciplinary measures and measures

sanctionatory disciplinary : the application of disciplinary measures to pupils is

sufficient to respond to the cases of disciplinary infringement, and the elimination of this

distinction unbureaucratizes the procedure;

5. Trust and accountability of the educational community, upon creation

of the disciplinary class council, where the teachers and the teachers should be represented

the parents, and who apply the disciplinary measures;

6. Accountability of the Pedagogical Council: we consider it fundamental that the

Pedagogical Council has a determining role in the decision of the disciplinary measure and

in the monitoring of the application of the same;

7. Agilisation of preventive suspension, to be implemented by the executive direction only

in case of manifest immediate risk for the students or professionals of the school.

Thus, under the applicable constitutional and regimental provisions, the Members and the

deputies of the parliamentary group of the Left Bloc present the following project of

law:

Article 1.

Subject

This Law amends the Status of the Student of Basic and Secondary Teaches, approved by the

Law No. 30/2002 of December 20, amended by Law No 3/2008 of January 18.

Article 2.

Amendments to Law No. 30/2002 of December 20

Articles 6, 16, 19, 22, 23, 24, 25, 26, 28, 46, 47, 47, 47, 47, 47, 47, 47, 47, 47

48, 49 and 55 of Law No. 30/2002, of December 20 with the amendments of Law No.

3/2008, of January 18, which shall be replaced by the following:

" Article 6.

[...]

1-[...].

2-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) To contribute to the correct clearance of facts in an inner-order procedure

discipline instituted to its educating and, being applied to this disciplinary measure,

diligenate so that the same will proceed with the objectives of strengthening its formation

civic, of the balanced development of their personality, of their ability to se

relate to others, from their full integration into the educational community and their

sense of responsibility;

h) [...];

i) [...];

j) [...];

k) [...].

3-Mediant the solicitation of 30% of the parents or in charge of education of the class,

through its representatives, it is granted to the same the right to the realization of

meetings with the class director, with the teacher holder of the class or with all the

teachers of the class, for consideration of work-related subjects

of that, without prejudice to the fulfillment of the lective activities, and may do so

follow up with specialist technicians in subjects related to the topic of

meeting.

Article 16.

[...]

1-[...].

2-Are recorded in the individual student's process the relevant information of their

educational pathway, specifically those relating to meritorious behaviours and

applied disciplinary measures and their effects.

3-The individual student's process is as exclusive record in terms

disciplars.

4-[...].

Article 19.

[...]

1-[...].

a)-[...];

b)-[...];

c)-[...];

d)-[...];

e)-[...];

f)-[...];

g)-Comparison to prenatal consultations, period of childbirth and breastfeeding, such as

defined in Law No. 90/2001 of August 20;

h)-[previous g)];

i)-[previous h)];

j)-[previous i)];

k)-[previous j)];

l)-[previous k)].

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

Article 21.

[...]

1-Verified the existence of unjustified tales of the students, the school can promote the

application of the disciplinary measures provided for in points (a) and (c) of Article 26,

considering also what is set out in the internal regulation.

2-When the number of unjustified flawings corresponding to two is achieved

weeks in the 1º cycle of elementary school education, or double the number of lective times

weekly, by discipline, in the other cycles or levels of education, the parents and in charge of

education or, when the greater of age the student, are summoned, by the most expeted medium,

by the director, with the aim of alerting himself to the consequences of the situation and of whether

find a solution that allows to ensure effective compliance with the duty of

frequency.

3- [previous n. 2] .

Article 22.

Effects of the overtaking of the unjustified failure limit

1-Whenever a student achieves a total number of corresponding unjustified phalps

to three weeks in the 1-cycle of the basic education or triple of weekly lective times, by

discipline, in the remaining cycles and levels of education, should the teacher of the discipline in

cause, the class director and the class council, ponder the application of one of the

following measures:

a) The fulfilment of a special monitoring plan, relating to the different

disciplines in question;

b) the retention of the pupil entered in the scope of compulsory education, which consists

in your maintenance, in the following academic year, in the same year of schooling as

attends;

c) Student's signage to the multidisciplinary team of the school grouping, for this

draw up a follow-up plan in accordance with your competences, as

defined in Article 6.

2-The effects of exceeding the limit of unjustified fallout referred to in the figures

previous ones are not applicable to pupils who benefit from the status of worker-

student.

3-A The application of the measure referred to in point (b) of paragraph 2, depends on the positive opinion of the

disciplinary class council.

Chapter V

[...]

Section I

Disciplinary offence

Article 23.

Qualification of disciplinary offence

The violation by the student of some of the duties provided for in Article 15 or in the Regulation

internal of the school, in terms that prove disturbing of the normal functioning

of the activities of the school or the relationships within the educational community, constitutes

disciplinary offence, which it may determine to the application of disciplinary measure.

Section II

Disciplinary measures

Article 24.

Purposes of disciplinary measures

1-All disciplinary measures pursue pedagogical, preventive and

of integration, sustaining, in a sustained manner, the preservation of respect due to

lecturer and non-lecturer staff, the normal continuation of the activities of the

school, the correction of disruptive behaviour and the strengthening of the civic training of the

student, with a view to the balanced development of your personality, of your

ability to relate to others, from their full integration into the community

education, from your sense of responsibility and your apprenticesmanlike.

2- [Revoked].

3-No disciplinary measure can, in any form, offend physical integrity,

psychic and morale of the student, nor to rewear pecuniary nature.

4-The disciplinary measures shall be applied in consistency with the needs

education of the student and with the objectives of their education and training, in the framework of the

development of the working plan of the class and the educational project of the school, and in the

terms of the respective internal regulation.

Article 25.

[...]

In the determination of the disciplinary measure to be applied shall be in consideration of

gravity of the default of the duty, the age and the maturity of the student, the degree of guilt,

your previous school harnessing, the family and social medium in which the same if

inserts, its disciplinary background, its recognition, with repentance,

of the illicit nature of its conduct, and all the other circumstances in which the offence

has been practiced that militem against or in its favour.

Article 26.

Disciplinary measures

1-The disciplinary measures shall continue the objectives referred to in Article 24 (1).

2-Are disciplinary measures:

a) The warning;

b) [...];

c) the carrying out of community work within the scope of the activities of the school, and

for the purpose to be increased the period of stay, daily or weekly, of the student in the

school;

d) [...];

e) [...];

f) The transfer of school.

3-A The warning consists of a verbal call of attention to the student, in the face of a his

disturbing behaviour of the normal functioning of the school's activities or the

relationships within the framework of the educational community liable to be found to be infringement

discipline.

4-A classroom exit order, and too many places where to develop the work

school, it is applicable to the student who behaves in such a way as to prevent further

of the process of teaching and learning of the remaining students.

5-[...].

6-[...].

7-A The application of the disciplinary measures provided for in points (c), (d) and (e) of paragraph 2 shall be

communicated to parents or to those in charge of education, treating minor student of

age.

Article 28.

[...]

The application of the disciplinary measures provided for in points (a), (b), (c), (d), (e) and (f) of paragraph 2

of Article 26º is cumulable with each other.

Article 45.

[...]

Seniors who are or participated in the facts which are liable to constitute infringement

disciplinary, the chairman of the executive board or the director, has competence for

to institute the disciplinary procedure, and shall do so within one working day,

by convening the disciplinary class council, pursuant to Rule 44.

Article 46.

[...]

1-A The instruction of the disciplinary procedure is reduced to written and completed on time

maximum of five working days, counted from the date of appointment of the instructor by the board of

discipline class, being compulsorily carried out, in addition to the other approaches

deemed necessary, the oral hearing of those concerned, in particular of the student and,

being smaller, from the respective in charge of education.

2-[...].

3-[...].

4-The report of the instructor is referred to the chairman of the executive board or the

director, who convene the disciplinary class council, which must meet at the maximum time

of two working days, and deliberates pursuant to Rule 25º.

5-[...].

Article 47.

[...]

1-In a situation that the chairman of the executive board or the director considers to be

created a situation of imminent danger to the safety of community members

school, this has the competence to preemptively suspend the student, upon

reasoned order and consultation with the student's class director.

2-[...].

3-The preventive suspension of the student follows compulsorily procedure

discipline under Rule 45.

4-A The application of the preventive suspension is communicated to the parents or in charge of

education of the student, treating himself underage.

5-A preventive suspension is reassessed by the disciplinary class council, which brings together

on the business day following its application, and which has competence to maintain or not to

suspension.

6-Must guarantee the student a plan of pedagogical activities during the period of

absence of the school, in the terms to be defined by the school regulation.

Article 48.

[...]

1-A The final decision of the disciplinary procedure, duly substantiated, is delivered

within the maximum period of two working days, from the time when the entity

competent to decide you to receive it, and it shall appear in that decision the indication of the

moment from which the execution of the applied disciplinary measure begins to produce

effects.

2- [Revoked.]

3- [Revoked.]

4-[...].

5-[...].

Article 49.

Implementation of the disciplinary measure

It is incumbent on the disciplinary class board to follow up the student in the execution of the

disciplinary measure to which it was subject, in accordance with the provisions of Articles 13 and

15.

Article 55.

[...]

1-A The application of disciplinary measure provided for in this Law, does not exempt the student and the

their respective legal representative of the civil liability to which, in the general terms of

right, there is place, without prejudice to the clearance of possible criminal liability

hence arising.

2-[...].

3-When the behavior of the 16-year-old student, who is likely to

trigger the application of disciplinary measure, if it can constitute, simultaneously,

as a qualified crime fact, shall the direction of the school communicate such a fact to the

child and youth protection commission or to the representative of the Public Prosecutor's Office

together with the competent court in respect of minors, as the student has, at the date of

practice of the fact, less than 12 years or between 12 and 16 years, without prejudice to the appeal, by

reasons for urgency, to the police authorities.

4-[...]. "

Article 3.

Addition to Law No. 30/2002 of December 20

Articles 6.-A, 19.-A, 26-A, 26-A, 26-B, 26-B, 26-C and 44 to-A, to Law No-A, to Law No

30/2002, of December 20, with the amendments of Law No. 3/2008 of January 18, with

the following:

" Article 6-A

Multidisciplinary teams

1-Each cluster of schools relies on a multidisciplinary team that se

constitute as elementary units of tutoring, school recovery and integration

school of the elementary and junior high school students, and which are constituted by

teachers, by psychologists, by socio-cultural mediators, social service technicians and

by administrative staff.

2-Are assignments of the multidisciplinary teams:

(a) to elaborate an individualized diagnosis of the school situation and the partner context-

family of the student placed to his post

(b) to elaborate and assist in the implementation of a recovery plan or school integration plan

of the student, able to respond to his or her support needs in the process of

learning and integration in the school community, which may entail:

i) individualized study sessions accompanied to be carried out by the team;

ii) individualized Sessions of psychopedagogical support, so as to ensure integration and

school success;

(iii) Elaboration, in cooperation with the teachers of the students, individual plans of

recovery and development in the scope of the school work of the respective

disciplines;

iv) Drafting and fulfillment of tutoring plans that will allow to follow the pathway

school of the students to whom it has been successfully applied for recovery plans and

school integration;

v) Elaboration and fulfillment, in articulation with the teachers and the remaining units

of the school grouping, non-curricular activities that promote integration in the

school community of the students;

vi) Ensuring the joint with the parents and in charge of education, and promoting their

participation and monitoring of the different monitoring plans and

elaborate intervention for the students.

(c) to elaborate and assist in the implementation of plans to prevent violence in space

school;

d) Ensuring the articulation with the various social institutions and with the Commissions of

Protection of Children and Young People, in the framework of the monitoring of the signalled pupils.

Article 19-The

Unjustified flawing

The flawings are unjustified when for them no justification has been given,

when the justification presented has been out of the deadline or has not been accepted,

or when the marking has elapsed from the classroom exit order.

Article 25-The

Competence in the determination of the disciplinary measure

The determination of the disciplinary measures provided for in points (c), (d), (e) and (f) of paragraph 2 of the

article 26 is the responsibility of the disciplinary class council.

Article 26-The

Competence of the teacher and the teacher-holder of class

The teacher can apply the disciplinary measures of warning, order of exit from the room

of class and too many places where to develop school work.

Article 26-B

Competence of the class director

Outside of the development situations of the class work plan in the classroom, the

behaviour of the student who may come to set disciplinary offence under the terms of the

article 23, shall be attended to the class director, who may apply the measure

discipline of conditioning in the access to certain spaces of the school, or in the use of

certain materials and equipment, without prejudice to those found to be affections to

lective activities, in accordance with Article 25.

Article 26-C

Competence of the disciplinary class council

1-The disciplinary class council, which is constituted under the terms of Article 44-A, is

competent to appoint the instructor, who must be a teacher of the school, save

any impediment.

2-The disciplinary class council shall be competent, without prejudice to its intervention to

warns, to apply the disciplinary measures of performing community work in the

scope of the activities of the school, class change and school transfer.

3-The disciplinary class council may still apply for the student's follow-up

by the multidisciplinary team.

4-In the weighting of the application of disciplinary measures within the framework of the competence of the

disciplinary class council, the student is heard by the members.

Article 44-The

Constitution of the disciplinary class council

1-The disciplinary class council constitutes itself at the time the President of the

executive board or the director takes notice of the student's disciplinary offence

in the terms of Article 44º (2).

2-The disciplinary class council consists of the chairman of the executive board

or by the director, who convenes and presides, by a member of the pedagogical board, by the

professors of the class or by the titular teacher, by the class director, by a

representative of the parents and in charge of educating the students of the class, designated by the

association of parents and in charge of education of the school or, if this does not exist, in the

terms of the school's internal regulation, as well as, addressing the 3-cycle of the teaching

basic and secondary school, by the delegate or class subdelegate.

3-The chairman of the executive board, or the director, may request the attendance at the

disciplinary class board of a multidisciplinary team coach under the terms of the

article 6.

4-People who, in a direct or indirect way, hold a position of

interested in the object of appreciation of the disciplinary class council cannot in it

participate, by applying, with due adaptations, the provisions of the Code of

Administrative Procedure on guarantees of impartiality.

5-The meetings of the disciplinary class council should preferably take place in

time later at the end of the afternoon shift of the respective educational establishment.

6-A non-comparisons of parent representatives and in charge of education or the

students, when properly notified, does not prevent the disciplinary class council from

gather and deliberate. "

Article 4.

Regulation

It is incumbent upon the Government to regulate the present law within 30 days after it

publication.

Article 5.

The Repeal Standard

Articles 27 and 43 are repealed.

Article 6.

Entry into force

This Law shall come into force on the day following its publication.

Assembly of the Republic, April 20, 2010.

The Deputies and Deputies of the Left Bloc,